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VAT Act - Orissa
 
 
     
                                 
                       
 
ORISSA VALUE ADDED TAX ACT 2005
Section|
Section heading
 
  Chapter I  - PRELIMINARY







 

1

Short title and commencement

2

Definitions

Chapter II  - TAXING AUTHORITIES AND TRIBUNAL

3

Taxing authorities

4

Orissa Sales Tax Tribunal

5

Delegation of the Commissioner's powers and functions

6

Power to transfer proceedings

Person appointed under section 3 and members of the Tribunal to be public servants.

8

Indemnity

Chapter III  - THE INCIDENCE, LEVY AND RATE OF TAX

9

Charge to tax and incidence

10

Liability

11

Levy of tax on sale

12

Levy of tax on purchase

13

Levy of tax on containers and packing material

14 Rates of VAT

15

Points of levy in respect of certain goods

16

Levy of turnover tax

17

Sales of goods exempt from tax

18

Zero rated sales
19 Net tax payable

20

Input tax credit

21

Input tax credit exceeding tax liability

22

Adjustment of input tax credit

23

Credit notes and debit notes

Chapter IV - REGISTRATION OF DEALERS, CANCELLATION AND AMENDMENT OF REGISTRATION CERTIFICATE 

24

Persons liable to be registered

25

Compulsory registration of dealers

26

Voluntary registration

27

Security

28

Penalty for failure to be registered

29

Liability in case of grant of registration by mistake

30

Suspension of registration certificate

31 Cancellation of certificate of registration
32 Amendment of the certificate of registration.
Chapter V - RETURN AND RETURN DEFAULTS

33

Periodical returns and payment of tax

34

Default in filling of return

35

Tax to be collected by registered dealers

36

Rounding off of the amount of tax or penalty

37

Rounding off of tax or penalty for calculation

38 Scrutiny of returns
Chapter VI - ASSESSMENT, REFUND AND RECOVERY OF TAX

39

Self assessment

40

Provisional assessment

41

Identification of tax payers for tax audit.

42

Audit assessment

43

Turnover escaping assessment

44

Assessment of dealer who being liable to pay tax fails to register

45

Assessment of a casual dealer

46

Period of limitation where proceeding for prosecution has been initiated, not to apply in certain cases

47

Assessment where proceeding for prosecution has been initiated

48

Exclusion of time period for assessment

49

Power of reassessment in certain cases

50

Payment and recovery of tax, interest and penalty.

51

Special mode of recovery

52

Unauthorized and excess collection of tax by dealer.

53 Consumer Welfare Fund
54 Deduction of tax at source from payment to works contracto
55 Tax to be first charge on property
56 Period of limitation for recovery of tax
57 Refund
58 Refund of tax under special circumstances
59 Interest on amount refunded
60 Power to withhold refund in certain cases
Chapter VII - ACCOUNTS AND RECORDS

61

Maintenance of accounts and records etc.

62

Tax Invoice

63

Electronic record

64

Requirement to provide document and information

65

Accounts to be audited in certain cases
66 Dealer to declare the name of manager etc. of business
Chapter VIII - LIABILITY IN SPECIAL CASES

67

Liability in case of transfer of business

68

Liability in case of company under liquidation

69

Liability of partners of firm to pay tax

70

Liability of guardians, trustees etc.
71 Liability in other cases
Chapter IX - LIABILITY TO PRODUCE ACCOUNTS AND SUPPLY OF INFORMATIONS
72 Survey of unregistered dealers

73

Production and inspection of accounts and search of premises

74

Establishment of checkposts and inspection of goods while in transit

75 Restriction on movement of goods through Railways, Water ways, Air, Postal and Courier
76 Control on Clearing, Forwarding or Booking agent and any person transporting goods and furnishing of information by such agent or person
Chapter X - APPEAL, REVISION AND RECTIFICATION

77

Appeals

78

Appeal to Tribunal and stay of recovery of dues during pendency of appeal

79

Revisional powers of the Commissioner

80

Revision by High Court in certain cases

81

Rectification of mistakes

Chapter XI - OFFENCES PROSECUTION AND COMPOSITION OF OFFENCES
82 Offences and penalties
83 Offences by companies and Hindu Undivided Families
84 Cognizance of offence
85 Investigation of offences
86 Compounding of offences
87 Offences against officers
Chapter XII - MISCELLANEOUS

88

Bar to certain proceedings

89

Disclosure of information by public servant

90

Publication and disclosure of information in respect of dealers and other persons in public interest

91

Appearance before any authority in proceedings
92 Powers to summon and take evidence on oath, etc
93 Transfer of assets during pendency of proceedings to be void
94 Power to make rules
95 Burden of proof
96 Manner of payment of tax, penalty, interest etc
97 Power of Government to prescribe fees
98 Assessment proceedings etc. not to invalid on certain grounds
99 Clearance certificate
100 Provisional attachment
101 Special provision relating to underinvoicing.
102 Settlement of disputed tax under appeal or revision
102a Power to amend Schedule
103 Power to remove difficulties
Chapter XII - REPEAL AND SAVINGS, ADOPTATION AND TRANSITIONAL PROVISIONS
104 Repeal and savings
105 Adoptations
106 Transitional provisions
107 Input tax credit in respect of stock held on the appointed day

 

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